Desigualdad de derechos entre las madres y los padres sobre la tenencia de sus hijos menores de edad.

Abstract

This research is based on the exposition of the existence of current legal norms that violate rights and principles enshrined and protected by our constitution, that is to say, that at present, there are various juridical-legal situations, which due to the fact of preexisting certain norms in rigorously, create and promote a strong gap of inequality of rights, as in the case of the existence of inequality of rights between mothers and fathers regarding the legal figure of the possession of their minor children, palpable and explicitly stipulated inequality and in force in Articles 118 and 106 number 2 and 4, of the Childhood and Adolescence Code. The current Legislation, which governs the matter of Civil Family Law, in our country, in situations in which the parents of children and adolescents are separated or divorcing, the legal regulations grant privileges, preferences and / or favoritism , to mothers with respect to the custody of their children, that is to say that the law directs the judge, who is in charge of making judicial decisions, to prefer to grant the custody of minor children to their mother, without prejudice to that the father is also qualified and enjoys the same conditions as the mother to exercise it.